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No. 17,256. AVA?>HI$fGTON, D. C., MONDAY, DECEMBER 23, 1907.-TWENTY PAGES. S5?
THE EVENING STAR WITH SUNDAY MORNING EDITION. >?ii?m Offlca, 11th StiMt and Pennsylvania At*. Tm Erasing Star Newspaper Company, TIIODOM W. NOTSB, PmJut. Itniwui Office: 3 &?cant St., London, England. Niw York Offlc*: Tribuna Buiidin*. Cbicafo Offlc*: Firat National Bank Buildiag. The B?*nlnf Star. wkn the Sunday morning ?dltloo. delivered by carrier*. on their own ?e .ant. within the city at 30 cents per mnndi: Without The Sunday Star at 44 ceats per monih. By mall, postage prepaid: Drily, Knnday Included, one month. 60 centa. l>a;lT. Snmlay excepted, one month, 50 centa. Saturday Star, one year. $1.00. Sunday Star, on* year, 11.80. DENIES THE PETITION Court Declines to Review Greene-Gaynor Case. UNDER PRISON SENTENCE Sunday Closing Ordinance of Min neapolis Upheld. IS DECLARED CONSTITUTIONAL Omaha Loses in Its Effort to Reduce Water Rate?The Hamilton Saginaw Collision. The Supreme Court of the I nited States today denied the petitions of ?writs of certiorari bringing to that court the cases of Benjamin r>. Greene and John F. Gaynor, who are under sentence to pay a fine of $57.?.i49 and to undergo terms of imprisonment of four years each on the charge of em bezzlement and conspiracy In connec tion with Capt. Oberlln M. Carter to defraud the United States in connection with the harbor improvements at Sa vannah. Ga. Carter has served a term of imprison ment on these charges. Greene and Gaynor were tried by the United States district court for the southern district of Georgia, and were found guilty April 11'. 1906. on the two charges of con spiracy and embezzlement, and both were sentenced on the same day, tjie amount of the fine imposed represent ing the sum which is charged to have been appropriated. They appealed the case to the I'nited States circuit court or appeals for the fifth circuit, and when that court affirmed the verdict of the trial court they presented their pe tition to the Supreme Court f?r a writ of certiorari, bringing the entire case to that court for review. Petition to Supreme Court. The petition went at length into the question of the,extradition from Canada and urged the fact that because the case involved "the relations of this nation to foreign nations," the Supreme Court was bound under the federal Constitution to take cognizance of the matter, notwith standing the case had been passed upon by the court of appeals. Many Important questions were present ed by the case in addition to that of ex tradition. including the one as to whether a person charged with embezzlement In one state (New York) can toe legally tried in another state (Georgia), as Greene and Gaynor were, and also the question as to whether a man charged with an offense in two districts, as Greene and Gaynor were, can be regarded as a fugitive from justice when he remains in one of them. The point also whs raised that the cases were ba\red by the statute of limitation. "AsV" saiil their brief, "the three years' statute of limitation ap plies to the critpes <?:.urged, it is evi dent that in July. 11)01. three years hav ing elapsed, the bar of the statutes had intervened, unlesp the defendants came wimiin the exception to it as persons ?""TR^Laz from Justice." TBceffect of thre denial of the petition forlV^view by/the Supreme Court has the^Wect of leaving in force the deci sion <Nl the district court. The court s <if*isio|i was Announced by Chief Jus tin Filler, and there was no written ?Mjiiajy. Sunday Closing Law Constitutional. That the ordinance of the city of Min neapolis biting the keeping of sa \loon?-W^n on Sunday is not in Violation hi the federal Constitution was today in e'Cect Judicially declared by the court in case of U>e #ate of Minneapolis vs. Va| Jiarclniak Marciniak is the owner pf n saloon in Minneapolis, and was prose cuted In the municipal court of that city. Sentenced to pay a fine of f2.">. he ap pealed to the state supfeme court, where t* iost. He then brought the case to the fcderal courts, where the ruling of the stftte courl was affirmed. Marciniak raised thw-fluestten In the Supreme Court that the^teooeedlng of the city court in reius ing BMP a Jury trial was a summary act suchwi is not justified by the Constitu tion, bat the higher court refu,s?? cept that view. The decision of the court was announced by Chief Justice Ful e . but he submitted no written opinion. Decision Against Omaha. The court today decided the case of the Omaha Water Company vs. the city of Omaha, arising out of the city s ef fort to reduce the water rate, against the city. The proceeding was instituted by the company to secure an Injunction against the enforcement of an ordinance reducing the rate on water to consumers below the price fixed in 1HS3. when the contrail was first made with the company. That contract was for twenty-tive years, and the company claimed that for the city to reduce the rate before its termination would involve a breach and therefore violate the federal Constitution. The 1'nlted States circuit court for Nebraska sustained the ordinance, but its local de cision was reversed by the I nlted States court of appeals for the eighth circuit, and the city appealed the case. Chief Justice Fuller announced the Supreme Court's decision, dismissing the appeal for want of jurisdiction and denying the i*-tition for a writ of certiorari. The court today decided in favor of the city the case of the Water, I^lght and <;&s Company or Hutchinson vs. the city of Hutchinson. Kan.. Involving the right of the city to abrogate its contracts with the company. The contract was made in 1??7 for twenty years, and the company claimed that it was exclusive Claims for Steamboat Collision. In deciding the case of the Old Dominion Steamship Company agt. Primus Gitmore, administrator, in favor of the last men tioned. the Supreme Court today reviewed xome of the clrcumMances connected with the collision between the Old Dominion steamer Hamilton and the Saginaw, owned by the Clyde line, which occurred near X"?w York in 190,1. The case involved the question whether the laws of Delaware, ?under Vhlch both companies were incor porated. apply to a claim for death on the high seas arising purely from tort, and also the question whether the representa tives of the members of the crew of the Saginaw who lost their lives when that vessel went down, can recover their claims In full against the owners of the Hamilton. The opinion of the court was announced by Justice Holmes. Both Doints were decided In the affirmative, the verdict of the United State* circuit court of appeals for the second circuit being af firmed. Nebraska Rate Law Fight. The court today granted the motion of the state of Nebraska for leave to tile a petition for a writ of mandamus compet ing United States District Judges William H and Thomas C. Mtinger to remand to the state courts of that state> the proceed ir.g between the stale and the Chicago Burlington and Quincy Railroad torn """" (Continued on Second Fa?e^ 1? Seventh Week of Powers Trial Began Today. COURT TO MEET ALL WEEK i Defense Hopes to Complete Its Evi dence by Saturday. WITNESS HELTON AND RIFLE Efforts to Trace tjie Gun to Youtsey and Its Fatal Use by Him on Goebel. Special Disiiatrh to The Star. LEXINGTON, Ky., December 23.?The | seventh week of the Caleb Powers trial | at Georgetown, during which the defense hopes to complete its testimony, opened to day. with only a small crowd in attend | ance. The defense began examining its witnesses with a more confident air than it has ever used before. Since the smash ing blows given Henry Youtsey's testi mony Saturday had greatly strengthened its caus and correspondingly weakened the prosecution. James Howard, who is to go on the stand probably late today, was brought from the Frankfort penitentiary today in charge of two guards. The first witness examined today was Judge J. N. Hubbard, who on Saturday gave testi mony declaring that Youtsey had made threats against Goebel in his presence, as told In Sunday's Star. Hubbard was re called to the stand by the prosecution to produce certain letters written by him to Caleb Powers and attorneys for the de fense acquainting them with what his testimony would be. Hubbard said he was willing to produce the letters, but they had been lost. One letter written to Pow ers, while he was in Frankfort jail, was produced and Identified by Hubbard. Hubbard was not tangled by the prose cution. H. N. Drake and G. W. E. Wolford. who heard Youtsey make statements to Judge Hubbard, were not in court, but the de fense made an avowal. Another New Witness. J. T. Hopkins, the next witness, swore that he heard Youtsey say two days be fore Goebel was shot: "I have sent to Cincinnati for cartridges that will do the work for them and will give anybody $100 who will fire the shot, and if I can't get anybody else to do it I will do It myself." Youtsey at the same time exhibited some cartridges. ^lopklns Is another new wit ness. and his testimony was given over the protest of Commonwealth's Attorney Franklin, who declared Hopkins had not identified this man as Youtsey. Persons who have followed this trial of Powers closely say that either an acquittal or disagreed Jury will result, and that he will not again be convicted of Goebel's murder. From the eleventh district, in which Powers lived, comes the news that he will be elected to Congress if he is freed by the biggest majority that district ever gave. D. C. Edwards now represents that district at Washington. To Meet All Christmas Week. Judge Morris has announced that he will hold sessions of court every day dur ing Christmas week, not even excepting Christmas day. He takes this action at the solicitation of the jurors, who point j out that they will not be allowed to go to their several homes, but must remain to gether, and that the holiday would mean little to them in that case. This decision also pleases the defense, which hopes to complete the presentation of its testimony by the end of the week. Judge Morris' decision to hold court on Christmas day Is a unique departure in Kentucky court annals, and in making this decision he Is running the risk of immortalizing himself. A number of im portant witnesses are scheduled to be put on the witness stand today. Among these will be Albert Helton of Harlan county, in whose possession the famous Marlln rifle, which is alleged to have sped the fatal missile that ended the life of Goebel. was found. Helton was in Frankfort with the Harlan county crowd at the time of the as sassination. His identification of the rifle, together with his evidence as to how he came into possession of the gun. is eagerly looked for. Helton has never been a witness in any of the Goebel assassination cases, and the rifle has never before been in evidence. The defense, through Helton, hopes to trace the rifle directly back to Youtsey, and also expects to prove by Helton that Youtsey on the day before Goebel was shot made threats against Goebel's life, and said that If nobody else could be found to shoot him (Goebel) he (Youtsey) would do it. MINE DISASTER FEARED. Sensational Reports Startled the Monongahela Valley Again. PITTSBURG, Pa., December 23.?Sep sational reports of another mine disaster were circulated in this city and all tf)rough the Monongahela valley south of here last night, which had their origin in a serious fire in the Schoen berger mine at Baird Station, between Monongahela and Washington, Pa. The mine has been idle for nearly a month because the miners refused to accept as pay clearing-house checks, such as were generally used in this district for sev eral pay days. ?and company officials state that no one was in the mine when the tir?- broke out. Reports that twenty men are entombed by the flames are gen erally discredited. The tire was raging fiercely when dis. covered late yesterday, and much damage has been done the mine. A short circuit in ?he electrical equipment is presumed to have started the tire. A large force of workmen was put to work walling in the flames in the 'headings to smother them and flooding other parts of the mine, and at midnight company officials regarded the tire as being under control. Reports circulated told of explosions in this mine, at Ellsworth and at Findlay ville, but operators state the only acci dent in the district is the ,flre in the Schoenberger mine. That loo men narrowly escaped crema tion in the mine when tire broke out be came known today. There are generally 400 men employed in the" mine, but recently the force was reduced. Fortunately the fire was not ac companied by an explosion or another ter rible mine disaster would have been recorded In this vicinity. The fire occurred suddenly, from electric sparks, and spread with great rapidity. The hundred men were compelled to flee for their lives. All night 9 bucket brigade fought the flames but absolutely no progress was made. Today preparations are being made to flood the mine. The loss will be heavy. Nitrate Workers Resume. SANTIAGO, Chile, December 23.?The strike movement in Hys nitrate field, whiah for a time tied up the business of the country, is breaking. Several thou sand men returned to work today. TH VIEWED THE VICTIMS IDENTIFICATION SLOW AT THE DARK MINES. Special Dispatch to The Star. JACOBS CREEK. Pa., December 23.? Mutilated bodies, blackened by coal dust and mangled by flying fragments of slate f0rth in a constant stream If w!!cked entrie* of the Ill-fated Darr mine. No. J2>. of the PHtsburg Coal I Company- this morning. j At 12 o'clock fifty-three bodies have See ;;rr,and brou*ht ,o th?8ur face, while far in the deDths of the mine oare wamn* 1?^* loaded on c?ai 0?ZT? forth. Many hLJ mere fra?TOentS of flesh broken bones and burned clothing. " ' I ?!JT'ne !|as been entirely explored, rescuers having penetrated 2 000 feet I "? ??",?. the'e n?W workln* back through the entries to the left. By tomorrow ev ' ,n 8QTe f00t ?f the 8battered work ings will have been explored JACOBS CREEK Pa.. December 2* -Six i SB? ,WCTe taken from the Dar'r tota? ?? h ?, 010014 thls morninP. making a otal to date of thirty-nine. Many others have been located. By nightfall the num ber recovered, it la said, will be close to a hundred bodies. I tn,^0 C<?ndltlon of the bodies brought I to the surface today was good. With the exception of a picture of agony on their st?te "? "?utllation waa evident. Rescuers found on thelrn'knee^ showing That th ^ deaUirray,n* Whe" the black damP caused Morgue in a Tent. Seven other bodies will be brought to the surface by noon, it i8 aald th bodies are_ practically blown to pieces. Pernaps oO per cent of the dead will nev. er-ieJtnnt'fled' Coroner WW" said today: see that every effort is made and opportunity given to Identify the dead AH that is possible will be done, yet I fear that it will be impossible to recognize the men. I should not be surprised if less than one-half were ewer identified " The unidentified dead were placed tn ?. ??8lte,nt,near the today am? from . a.m. to .! p.m., dally, friends and rela tives will be allowed to view the horii^H fteporulha^rifTrt W'" be recoK"'zed. neports that disrn-der occurred vester day necessitatlng th# drawing of firearms foundation" ?f P?"Ce Were wl?'<>"t TSCHAIKOVSKY'S case. Russian Patriot's Cause Not Yet Up for Consideration. ST. PETERSBURG, December 2.1 The rase of Nicholas Tschaikovsky. Wie Rus sian patriot, who was arrested early jn December, has not yet entered upon the ?tage of Judiclal investigation Mr Tschaikovsky Is still in the hands of the secret police who are legally authorized hold a prisoner for one month before reporting to the crown attorney On account of the traditional mystery observed by the third section, it is diffl cult to obtain the slightest .hint as to the urtimate accusation against M. Tschai kovsky and the officers of the prosecutor and the prefect profess the most com plete ignorance in the matter. , In the meantime M. Tschaikovsky is not allowed to communicate with his friend* All the editors of the Zvodnia. an aft ernoon newspaper of this city, who were taken into custody December 16 have ^eVn'rVT1- " 18 exPlalned that the arrest of tihese men was due to the dis leader' "whSSatu* PT"rS of the ?.? , who was arrested a fortnight ago, of a certain document ad dressed to the counsel of the empire and signed by the editor of Zvodnia. This led to the supposition that the members of he staff of the paper were implicated ?n the terrorist machinations against Gen Durnovo, Premier Stolypln and others. Slemp's Official Majority. Special Dispatch *? The Star. RICHMOND, Va., December 23.?The board of state canvassers met here at noon and received returns of the special congressional election held in the ninth district December 19. The returns show rrf?r?; Ba??mb Slemp has a majority PubU?ui?Ver DaVe Balley' lndeP?deit re E "UNCONSIDERED TRIFLE MURDER COST HIM $3.50 PRETTY CHEAP PASTIME IN GERMAN AFRICA. BERLIN. December 23.?Ex-Gov. Horn of Togoland was today sentenced to a fine of 13.50 and costs and transfer to another post for the 111 treatment of a native in Togoland In 1903. The charge against Horn was he caused the death of a native man named Zedu by having him bound to a flagstaff and leav ing him there without food or drink for twenty-four hours. Horn was first tried for this ofTense several montihs afterward by the superior colonial court at Dualla and*fined $22T>. There has been much criticism in Ger many, especially on the part of the so cialist speakers in the reichstag. of tihls sentence, which waB regarded as far too light. Owing apparently to these crit icisms. Chancellor von Buelow about two years ago ordered a reopening of the case by the imperial disciplinary court for the colonies at Berlin. The case came up for trial on December 11, 1907. Killing of Zedu. j It was shown that the facts In the case, as brought out by thte Dualla court, were as follows: Zedu was arrested upon sus picion of having stolen the cash box of one of the German stations. Horn there upon had Zedu'8 elbows, wrists and feet tied tightly together and the man bound to a flagstaff in the sun, and it could not be shown that either food of-water was given to him. The next morning Horn found Zedu in an exhausted condition, but J ! left him bound still and marcihed away with his native troops. Capt. Doring, who accompanied Horn part of the way, was ordered to return to the station to release Zedu. Doring tried to revive the native by pouring cold water on him, but he died I a half hour later from sheer exhaustion. At the trial December 11 Horn asserted t iat he wan not conscious of having done any wrong. Doring then testified that wiiile Zedu was howling with pain at the flagstaff Horn stood on the verandah of the station house and exclaimed: -What a callous , hog!" During the trial the pre siding ' judge read several decrees by Chancellor von Buelow ordering the co lonial governors to treat natives with mildness and justice. EICH GETTIN0?WELL! FORCEFUL INTERVIEW FROM STUYVESANT FISH. CHICAGO, December 23.?"Now, look here?the rich man Is getting h 1 these days. He's getting it coming and going. The poor man does not need to have any very keen jealousies of the rich man for this Christmas, at any rate." Stuyvesant Fish in an interview gave that note of encouragement to his less wealthy Ameri can brethren last night. -Yes. the so-called poor man is _pretty well off, taking It altogether." went on the New Yorker, who is fighting for con trol of the Illinois Central railroad. "The wage earner is getting good and steady pay the commodities of life necessary to his existence are decreasing in price, and generally he should be pretty well satis lied with himself this Christmas.' -But what about the financial situa tion?" Everybody Extravagant. "Oh. the rich man gets the worst of it," said Mr. Fish. "The amount of money some of the big fellows have lost might be called appalllng-if one were easily appalled. They have been experiencing some nasty shrinkages of values In se curities. This dwindling process has at least been spared the wage earner. -There has been a howl of late years that commodities were Increasing in price. True enough, too, but for the last three months or so the prices of commodities have generally been going down, and the less the wage earner has to pay out for Uvine the better, of course, he is off. -Extravagance Is chiefly responsible for the various perfod of hard times through which this country passes. Extravagance on the part of everybody?rich and poor and moderately well off-i* the great weakness of the American nation. And not only is the private individual too ex travagant but the state and national gov '?? extravagant aa well." S." SMALL HERO AT A FIRE BOY WAS THE BEST OF MANY BRAVE ONES. Special Dispatch to The Star. ? NEW YORK, December 23.?One man tost his life in going back to rescue his siater, an acting battalion chief fell with the collapse of a stairway and wag per haps fatally hurt, at least three other persons were Injured and fourteen fam ilies escaped only through fast work by firemen, police and volunteer rescuers at a Are at 221 East 110th street early this"' morning. There were many acts of brav ery, but the palm belongs to a youngster of ten years, who averted what might have been a fire horror by promptly clos ing a door, marshaled the family together and piloted an old woman, stone blind, down the front escape. Between the help ing hands of the boy and her own sense of touch, the hlind woman felt her way down rung by rung, undismayed by the cries of the frightened tenants, the shoot ing of the Italians in the rear, who sought to alarm the police, and the clamor and alarm in the streets. One Life Lost. y The man who lost his life was Fred erick Koenig, a truck driver. Koenig was twenty-four years old and had been mar ried a little over a year. He was the father of a three-weeks-old child. He saved hla wife, Martha, and the child on the rear fire escape, then started back for the top floor to rescue others of his relatives. He had already reached the top when he remembered his sister, Mrs. Corker, who lived on the fourth floor. He crawled through a window, felt his way to the stairway and started down. The smoke hid the steps. Hlalf-wiuy down he fell and lay prostrate on the fourth-floor landing with a broken leg. There, in his helplessness, the flames overtook and made an end of him. When the water from the lire hose had drowned out the flames the men of Truck 14 made their way up over the broken stairways to the head of the fourth flight, where thev found Koenig dead. His broken leg told the- story. RACED UP BROADWAY. i Young Women Charged With Lar ceny Sets Pace for Pursuers. Special Dispatch to The Star. NEW YORK, December 23.?Going at breakneck speed up Broadway, two cabs, in one a young woman accused of grand larceny, arid in the other her accuser and a policeman, raced for more than a mile early today. Not until the cab in which the two men were riding drew alongside of the other and the policeman made a flying leap for the bridle of the other horse did the race stop. The woman, who said her name was Mrs. Mary Fltchgerald, was locked up and will be arraigned later in the West Side police court. The complainant, John Preveno, a broker, living on West 41st street, told the police that as he entered his home the woman, who had been hiding behind the vestibule doors, sprang out upon him and seized a diamond pin In his tie and darted down the steps. Preveno pursued her to 52d street and 7th avenue, where she Jumped into a cab. As the cab started toward Broadway Pre veno's shouts were heard by Policeman Love, who Jumped, with the broker, into a second cab and ordered the driver to overtake the other one, then more than a block away. With horses at a gallop the two cabs sped up Broadway, careening through Columbus circle and narrowly escaping collision with several automobiles and street cars. Opposite 61st street the pursuers' cab swung abreast .of the other and Love Jumped at the bit of the horse. He clung to the reins until the animal was stopped, and then arrested the woman. Hitchcock's Accuser Pleads Ouilty. NEW YORK, December 23.?Hugo C. Voecks, brother of Elsie Voecks. in whose behalf charges were brought against Raymond Hitchcock, the comedian, plead ed guilty to an indictment alleging extor tion before Judge Rosalsky today and was remanded for sentence tomorrow. Voecks is accused of obtaining J1.000 from Hitchcock for keeping quiet concerning the charges brought against Ute actor.. President Confers With Pacific ~ Coast Representatives. DEFENSES OF THAT SLOPE Senator Flint Jnst Misses a Hit From a Big Globe. THREE "POSSUMS RECEIVED Two Were Sent by Mrs. Longstreet, Postmistress at Gainesville, Ga., and Third From Mississippi. President Roosevelt is taking such a great interest in defenses on the Pacific coast that he Is having conferences with congressmen from that section as to what Is necessary. He has talked with a num ber of senators and representatives from California, Oregon and Washington. To day he talked on this subject with Senator Flint of California, and Representative Humphrey of Washington. A coincidence of the visit of Senator Flint was that Just as he had concluded his talk with the President about the results of possible bombardments, and was starting out of the executive .offices, a four-pound globe covering a bunch of electric lights on the celling in the little room presided over by Maj. Loeffler, the President's doorkeeper, fell with a crash at the feet of the Cali fornian, Just missing his hat. Senator Flint was for a few seconds in doubt whether it was a Japanese bomb or the collapse of a republican presidential boom. Judging from what has taken place, the President is simply bestirring the Pacific coast members to activity in getting ap propriations for weak points along the slope. San Fj-ancisco Is considered one of the best defended cities of the world, and little money will be needed there to protect that big city. Senator Flint is particularly interested in San Pedro and San Diego. The latter he says could be made one of the great harbors of the world by an expenditure of $150,000 in dredging the mouth of the harbor. That much imoney would give a thirty-foot channel at San Diego, and thereby ad mit the largest battleships to a great har bor. San Diego, according to Senator Flint, needs coast defenses. Representative Humphrey talked with the President about the needs of Puget sound and Seattle. The fortifications on the sound he considers weak and Improve ment highly necessary. One trouble with Seattle, he says, is that the channel is so wide and the fogs so heavy at times that a cruiser could slip into the sound In a heavy fog and bombard Seattle. Much significance is attached In some quarters to the conferences the President is having with the Pacific coast represen tatives, and there will be much comment about It, in all probability. Three 'Possums Received. Three fat 'possums for Christmas din ner at the Wfilte House, together with sundry other boxes and packages, arrived by express this morning. They were re ceived by the chief clerk of the executive offices and then turned over to thn peo ple for whom they were intended. The possums were'at once placed in the hands of Stewart Pinkney. who, be lag a South Carollna#col?red man, understands what to do with them. Except for the President himself, the Roosevelts have not shown very great fondness for 'possum meat, and one or two other animals of that species which were forwarded to the President were sent to the Zoo. These may also go there. Two of the 'possums were shipped to' the President by Mrs. Helen D. Ixmgstreet, widow of Gen. Longstreet. whose home is at Gainesville. Ga.. where she is postmistress. Mrs. Longstreet has been personally feeding the 'possums for a month, largely on persimmons. They are as fat as pigs. On the box with the animals was the following note from Mrs. Longstreet: To President Roosevelt, White House, Washington. D. C.: "These opossums surrendered near the ?Wrens' Nest.' Atlanta, both contending, smilingly, for the honor of furnishing the Christmas dinner for the American prince and his family. Being so evenly matched in size, complexion, quality, and good looks, it seems an unspeakable cruelty to both by selecting either at Ahe expense of the other, so they both are sent on the re turning journey, bearing the loyalty of the great empire state of the south, closely followed by the envious admiration of the entire animal kingdom of Georgia ". The Third From Mississippi. The third 'possum was from Mississippi and was turned over to the President by Representative Bowers of that state. Mr. Bowers received three of the animals from J. M. Phillips of Meridian, Miss. One was for Mr. Bowers, another for A. E. Randle and the third for the Presi dent "from one of the President's red neck, dyed-in-the-wool democratic ad mirers." Mr. Bowery picked the best of the three and sent it to the White House. The Situation in Goldfield. Senator Nixon of Nevada discussed the Goldfield, Nev., situation with the Presi dent this morning. The President is re ceiving many appeals from Nevada to modify his order taking the troops away December 31. but he consistently advises all those appealing to him that he can not see his way clear to leave the troops there In view of the apathy of the Nevada authorities and their failure up to this time to first use the powers of the state to quell the riot. So far he has not heard that the Nevada authorities have done anything, but Senator Njxon intimated that something is on foot by which there will be an attempt to take care of the situation in a local way.' Senator Nixon's one emphatic statement In connection^ with the situation was this: "One thing is certain. That is, when this thing Is over the Western Federa tion of Miners won't be known in Gold field." Guest at Luncheon. Dr. L S. Rowe of the University of Pennsylvania was a guest of President Roosevelt at luncheon today. Dr. Rowe came to Washington to discuss South American affairs with the President. He was a delegate to the Pan-American peace conference, and at the conclusion of the conference spent a year and a half in touring South America. DESTROYERS HELD UP. Accident to the Machinery of the Lawrence. PORT OF SPAIN, Trinidad, December 23.?The American torpedo boat flotilla, which left here yesterday morning at 8 o'clock for Rio de Janeiro, on its way to the Pacific, returned here today because 'of an accident to the machinery of the Lawrence. The damage is not serious and it is estimated that the repairs can be made in one day. * * The supply ship Arethusa has gone on to Para. ^ , The battleship fleet has not yet been signaled. W3 STAN?. Weather. Rain and colder tonight. To- ?) 0 ^morrow unsettled, probably; oc ^a|ional light rains; colder, ARGUINGTOTHE JUHY Attorneys Sum Up in Terra Cotta Wreck Case. VERDICT PROBABLY TODAY Opening by Assistant United States Attorney Turner. "MUBDEROUS CARELESSNESS" Government Counsel Severely Ar raigns Defendants?Contention of Representatives of Men. ?j The last chapter in the trial of Harry Hildebrand, engineer; Frank F. Hoffmler, conductor; Ira C. McClelland, fireman, and Ralph Rutter, brakeman, the crew of Baltimore and Ohio train No. 2120. on charge of manslaughter for crashing Into the Frederick local at Terra Cotta sta tion December 30 last, and causing the deaths or more than twoscore persons. Is being written before Justice Stafford In Criminal Court No. 1 today. All ovi- \ dence was placed before the jury last week, and today opposing counsel en tered upon the summing-up arguments to the Jury. Assistant United States Attorney Tur ner opened for the government, to be followed in turn by Attorneys Bendheim j and Henry E. Davis, for the defense. United States Attorney Baker wi'^ clnflt for the government late this afternoon, and Immediately afterward Justice Staf ford will deliver his charge. The four defendants may know their fate before the day has ended. Charges "Murderous Carelessness." Assistant United States Attorney Tur ner arraigned the four defendants for what he termed their "wanton careless less. criminal carelessness, murderou? carelessness." He covered every deitail of the Journey of the equipment train. No. 2120, down the Metropolitan branch of Che Baltimore and Ohio railroad the even ing of December :? last, but devoted most attention to Che events which were crowd ed Into the two or three minutes after , the extra dashed past Silver Spring, pass ed the red target at Takoma and crushed out scares of lives as It overtook the Fiederlck local at Terra. Cotta station. "What signal was required to be dis played at Silver Spring at 6:28 or fl:.T0, or even 7 o'clock or eight o'clock. If the station at Takoma was not closed?" Mr. Turner queried, and answering the question he said: "It couldn't have been an Inad vertence which would show the "double green' at Sliver Spring. It could not be displayed by the mere accidental pushing of the signal lever. It would have had to be a most serious blunder. The 'double green' signal could not be made, unless a green hand lantern was hung out on the mast?and Mr. Trundle and Mr. Hewitt have told us. In corroboration of Operator Dutrow's story, that the only green hand lantern In the Silver Spring station was . sitting on the floor, beneath the opera tor's table, when train 2130 passed." Mr. Turner declared that no one accuses Mr. Trundle or Mr. Hewitt, or even Operator Dutrow. unless in the latter'a caBe, It be the .defendants themselves. As to Alleged Agreement. Besides referring to the testimony of As sistant United States Attorneys Proctor and Given, concerning the alleged state ment of Engineer Vermillion about the agreement between the crews of trains 2120 and tf6. as tending to Impeach Ver million. Attorney Turner spoke of the duty which would have devolved upon the crew of train 06 If they found Takoma station open, after passing the double green at Silver Spring. "It would have been their first duty to call the matter to the attention of the operator at Takoma and have him rail the Silver Spring man to account over the wire." the speaker added. "But. I ask you in all frankness, do you really be lieve Engineer Hildebrand or Conductor Hoffmler or Fireman McClelland saw the double green signal?" Did they act as though they believed a train might be ahead of them in the block using the cross-over switches at Terra Cotta or University? Did they ap proach Takoma or Stott's station In that cautious manner which would Indicate that they expected to see a flagman or other signal? "No." These men are not brigands or desperadoes. They did not intentionally crash into the passenger train and crush out the lives of scores of human beings. But I say to you that Hoffmler did not see a white target at Randolph, where there was no light displayed. He did not see a double green at Silver Spring, where there was a white target. Ho saw nothing at Takoma. where the red light flashed out Its warning." The assistant United States attorney concluded his argument by declaring that the crew of 2120, while honestly believing the block ahead of them to be clear, coasted down the Incline at a high speed in the same spirit that a boy would coast down hill on his sled?but animated by the desire to get to Baltimore, and to the end of their day's labor as soon as pos sible. Opens for the Defense. Arguing for the defense. Attorney Bend heim dwelt upon the fact that the four trainmen started on their last journey without the slightest intimation that such a terrible misfortune would mark its end They had a right to assume from the of ficial schedule that train No. ?V> was In the Washington terminal long before they passed Silver Spring, he said, and the double green signal received at Silver Spring offered still more apparent proof that No. flfi was at the end of Its Journey. Mr. Bendheim referred to the testimony I of Engineer Vermillion and Conductor ^Nagle of tr&ln No. flt! and to the evidence given by all five members of the crew of the equipment train, that the signal dis played at Silver Spring was "double green." "The witnesses for the government may have misjudged the distance 2120 had passed the station at Takoma when they saw the red target displayed," Mr. Bend helm said. "What is more natural to suppose than that they did misjudge It in the darkness and fog of that evening a little less than a year ago? Why did Operator Phillips at Takoma ask his friend Page: "Does she show?' If he was absolutely certain that he had set the red target against train 2120?" Submits Mathematical Calculations. Mr. Bendheim submitted a mathe matical calculation In support of the tes timony of the accused train crew that their train was running at a rate of about twenty-flye miles an hour from Sil ver Spring to Terra Cotta, Instead of forty miles and upward, as witnesses for the government declared. Attorney Bendheim concluded by direct ing attention to the fact that the crew of 2120 cguld not be charged with Inten tionally rushing down the line with their train to the ultimate collision, taking their own lives in their hands, and he declared his clients could not be convicted of man slaughter. growing out of criminal negli gence. if the Jury believed Hildebrand. Holt meter and their men had exercised